Playing the blame game after a crash

Posted on behalf of the Law Offices of Ogle, Elrod and Baril, PLLC on February 16th, 2016

If you are in a car accident in Tennessee, fault and liability will need to be established. In some states, there are “no-fault” laws, which mean that insurance plans and compensation are not affected by who was to blame for the accident.

For better or worse, Tennessee does not comply with these same rules, meaning fault will play a critical role in insurance and liability payouts. This is why it can be so critical that you have legal guidance after an accident in order to calculate who is to blame and who can recover compensation.

In this state, if you were not more than 50 percent responsible for an accident, you can recover financial damages from the party or parties who were at least 50 percent to blame. However, coming up with this percentage is tricky and will be left up to the insurance adjusters.

There are many factors that affect an adjuster’s determination of who was at fault and to what extent. For example, speed, points of impact, evidence of distraction, police reports and witness statements will all be taken into consideration by the adjuster in order to calculate liability.

In some cases, an adjuster’s assessment seems fair enough and you can receive money from the other party if he or she was found to have been at least 50 percent to blame.

Unfortunately, sometimes these assessments are unsatisfactory to victims or the at-fault party has no insurance to cover your financial damage. In these situations, it can be wise to file a civil claim for compensation. In these situations, liability and financial awards will be determined by the judge or a jury.

Before you agree to a settlement or the findings of an insurance adjuster, it can be crucial that you discuss the situation with your attorney. Legal guidance can help you make informed decisions regarding financial liability after a serious car crash.